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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence, evidence Nos. 1, 2, 4, and 5, Eul evidence Nos. 1, 2, and 4, and the purport of the whole pleadings);
A. On October 30, 2009, the Defendant lent KRW 30 million to C with interest rate of KRW 2% per month, and the due date of repayment on April 29, 2010. The Plaintiff jointly and severally guaranteed the above loan amount of KRW 30 million to C, while the Plaintiff offered a joint guarantee to the Defendant on April 29, 201, and completed the registration of establishment of a mortgage on the first floor No. 102 (hereinafter “the instant real property”) of the D non-dong No. 102 (hereinafter “the instant real property”).
(hereinafter “instant collateral security”). B.
On August 23, 2010, the Defendant applied for a voluntary auction on the instant real estate in relation to the foregoing loan claim. On September 7, 2010, the registration of provisional seizure was completed for an apartment owned by the Plaintiff. After receiving KRW 5 million from E, the Defendant withdrawn the said voluntary auction and cancelled the registration of provisional seizure.
C. On September 27, 2010, on the instant real estate, the registration of change of the right to collateral security of this case was completed on September 9, 2010, with the content that the debtor C would be the debtor E on the ground of the acquisition of the contract as of September 9, 2010.
The Defendant received interest on the above loan claims from E during the period from January 201 to January 2012, and received the said loan claims from C even on June 1, 2011.
E. 1) On November 1, 2012, the Defendant applied for a payment order against the Plaintiff as a joint and several surety by Seoul Eastern District Court Decision 2012 tea10945, and the said court accepted the order and accepted it on November 9, 2012, stating that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 20% per annum from the day after the original copy of the above payment order is served to the day of complete payment” (hereinafter “instant payment order”).
(2) The instant payment order reached the Plaintiff on November 16, 2012, and became final and conclusive on December 1, 2012. (2) The Defendant is the Defendant.